UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Apple Inc.,
`Petitioners,
`
`v.
`
`Rosetta-Wireless Corporation,
`Patent Owner.
`
`Case IPR20 16-00622
`Patent 7,149,511
`
`DECLARATION OF WILLIAM H. MANGIONE-SMITH, PH.D.
`IN RESPONSE TO PETITION FOR INTER PARTES REVIE\V
`OF UNITED STATES PATENT NO. 7,149,511
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`0001
`
`LG Electronics, Inc. et al.
`EXHIBIT 1019
`IPR Petition for
`U.S. Patent No. 7,149,511
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Apple Inc.,
`Petitioners,
`
`v.
`
`Rosetta-Wireless Corporation,
`Patent Owner.
`
`Case IPR2016-00622
`Patent 7,149,511
`
`
`
`DECLARATION OF WILLIAM H. MANGIONE-SMITH, PH.D.
`IN RESPONSE TO PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 7,149,511
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`0001
`
`Rosetta-2001
`
`

`
`
`
`I. 
`
`TABLE OF CONTENTS
`Introduction .................................................................................................. 2 
`Scope of Report ............................................................................................ 2 
`A. 
`B.  Qualifications ................................................................................................ 2 
`1.  Education ................................................................................................... 3 
`2.  Professional Experience ............................................................................. 3 
`3.  Patents ........................................................................................................ 5 
`C.  Compensation ............................................................................................... 6 
`II. 
`Analysis ........................................................................................................ 6 
`A.  The ‘511 Patent ............................................................................................. 6 
`B. 
`Person of Ordinary Skill in the Art ............................................................ 10 
`C.  Claim Construction ..................................................................................... 10 
`1. 
`downstream data ...................................................................................... 11 
`2. 
`personal network server ........................................................................... 15 
`3. 
`intelligent ................................................................................................. 19 
`4. 
`source electronic file ................................................................................ 21 
`D.  Overview of Goggin ................................................................................... 22 
`E.  Goggin’s Disclosures Are Substantially Similar to the Nokia Art
`Considered in the Ex Parte Reexamination ................................................ 24 
`F.  Goggin Does Not Disclose a “Personal Network Server” ......................... 26 
`G.  Goggin Does Not Disclose “receiving downstream data” ......................... 30 
`H. 
`Secondary Considerations of Non-Obviousness ........................................ 31 
`III. 
`Conclusion .................................................................................................. 32 
`
`
`
`i
`
`0002
`
`

`
`
`
`I. Introduction
`
`A. Scope of Report
`1. My name is William Henry Mangione-Smith. Rosetta-Wireless
`
`Corporation (Rosetta) has retained me as a technical expert in regard to the above-
`
`captioned proceeding. The petitioners in this matter are Samsung Electronics Co.
`
`Ltd.; Samsung Electronics America, Inc.; and Apple Inc. (collectively,
`
`“Petitioners”).
`2.
`
`I have been asked to provide my opinions regarding the Petitioners’
`
`Petition for Inter Partes Review of U.S. Patent No. 7,149,511.
`
`3.
`
`Unless otherwise noted, the statements made herein are based on my
`
`personal knowledge and if called to testify with regards to this declaration I could
`
`and would do so competently and truthfully.
`
`4.
`
`In reaching my opinions in this matter, I have reviewed the Petition, the
`
`‘511 Patent, the file history of the ‘511 Patent, the Declaration of Dr. Erez Zadok,
`
`“Windows CE Developer’s Handbook” by Terence A. Goggin (“Goggin”), and other
`
`materials cited or discussed herein. I also relied on my education and experience as
`
`a person of ordinary skill in the art.
`
`B. Qualifications
`5. My curriculum vitae and testimony list are included in Appendix A to
`
`this Declaration. To summarize my qualifications, I hold three academic degrees in
`
`the field of Computer Engineering: a Bachelor of Science and Engineering, a Master
`
`of Science and Engineering, and a Doctorate of Philosophy degree. All of my
`
`2
`
`0003
`
`

`
`
`
`degrees were earned at the University of Michigan in Ann Arbor. I have been
`
`involved in the design of handheld communicating devices, image display devices,
`
`microprocessors, firmware and software for hardware and computer systems, and
`
`multimedia applications.
`
`1. Education
`6.
`From 1984 until 1991 I attended the University of Michigan in Ann
`
`Arbor, Michigan. I was awarded the degrees of Bachelor of Science and
`
`Engineering, Master of Science and Engineering, and Doctorate of Philosophy. My
`
`doctoral research focused on high performance computing systems including
`
`computer architecture, applications and operating system software, and compiler
`
`technology. One of my responsibilities during my graduate studies included
`
`teaching senior undergraduate students who were about to enter the profession.
`
`2. Professional Experience
`7.
`After graduating from the University of Michigan I was employed by
`
`Motorola in Schaumburg, Illinois. While at Motorola, I was part of a team designing
`
`and manufacturing the first commercial battery-powered product capable of
`
`delivering Internet email over a wireless (i.e., radio frequency) link and one of the
`
`first personal digital assistants. I also served as the lead architect on the second-
`
`generation of this device. Part of my responsibilities at Motorola involved the
`
`specification, design, and testing of system control Application-Specific Integrated
`
`Circuits (“ASICs”). I was responsible for quality control and maintenance of the
`
`device driver for a power management ASIC. I conducted the initial research and
`
`3
`
`0004
`
`

`
`
`
`advanced design that resulted in the Motorola M*Core embedded microprocessor.
`
`M*Core was designed to provide the high performance of desktop microprocessors
`
`with the low power of contemporaneous embedded processors. While at Motorola,
`
`I was the sole inventor on a U.S. patent.
`
`8.
`
`From 1995 until 2005 I was employed by the University of California
`
`at Los Angeles (“UCLA”) as a professor of Electrical Engineering. I was the director
`
`of the laboratory for Compiler and Architecture Research in Embedded Systems
`
`(“CARES”) and served as the field chair for Embedded Computing Systems. The
`
`CARES research team focused on research, engineering and design challenges in the
`
`context of battery-powered and multi-media mobile computing devices. One of the
`
`key developments of my lab was the Mediabench software tool, which is widely
`
`used to design and evaluate multi-media embedded devices. Key elements of
`
`Mediabench include software for coding and decoding still images and MPEG
`
`videos. My primary responsibility, in addition to classroom teaching, involved
`
`directing the research and training of graduate students. I was a tenured member of
`
`the faculty and had responsibilities for teaching as well as scholarly research. While
`
`at UCLA I was a named inventor on three U.S. patent applications, one of which
`
`issued as a patent. My colleagues at UCLA were some of the leading scientists and
`
`engineers in the world with a long list of innovations from computer network
`
`security devices to the nicotine patch. The graduate student researchers in my
`
`laboratory came from a diverse set of backgrounds, all with undergraduate degrees
`
`in computer engineering, electrical engineering or computer science, many with
`
`4
`
`0005
`
`

`
`
`
`multiple years of experience working as professional engineers in areas such as
`
`software development, computer system design and ASIC circuit design.
`9.
`
`From 2005 until 2009, I was employed at Intellectual Ventures in
`
`Bellevue, Washington. My responsibilities at Intellectual Ventures included
`
`business development, technology assessment, market forecasting, university
`
`outreach, collaborative inventing, intellectual property licensing support, and
`
`intellectual property asset pricing. My colleagues and co-inventors at Intellectual
`
`Ventures included the former lead intellectual property strategist at Intel, Intel’s lead
`
`IP council, Microsoft’s chief software architect, the founder of Microsoft research,
`
`the designer of the Mach operating system, the architect of the U.S. Defense
`
`Department’s Strategic Defense Initiative, the founder of Thinking Machines (a
`
`seminal parallel processing computer system), and Bill Gates. I had responsibility
`
`for hiring and managing over 15 staff members including multiple Ph.D.’s with
`
`degrees in electrical engineering and decades of experience in product design and
`
`engineering.
`
`3. Patents
`10. Over my professional career I have been an active inventor with 89
`
`issued U.S. patents, 187 published and pending U.S. patent applications, and many
`
`unpublished U.S. patent applications.
`
`5
`
`0006
`
`

`
`
`
`C. Compensation
`11.
`I am being compensated at a rate of $600 per hour for my time spent in
`
`connection with this matter. No part of my compensation depends on the outcome
`
`of this lawsuit.
`II. Analysis
`
`A. The ‘511 Patent
`12. The Rosetta ‘511 patent, titled “Wireless Intelligent Personal Server,”
`
`issued from U.S. Patent Application No. 09/652,734, which was filed on August 31,
`
`2000. Edward F. Bachner, III, John Major, and Xin Du are the three named
`
`inventors, and the ‘511 patent is assigned to Rosetta-Wireless Corporation.
`13.
`
` The ‘511 patent describes a method and system for providing a
`
`wireless intelligent personal server (WIPS) that permits a user to access their server-
`
`based data even when they are remote from the server and unable to establish a
`
`connection with the server. The WIPS periodically connects to the user’s server (e.g.,
`
`an enterprise IT system server) via a wireless communications channel (e.g., WiFi
`
`or cellular) and receives downstream data from the server to create or update files
`
`stored locally on the WIPS. Once the downstream data is stored on the WIPS, the
`
`user can access that data by connecting an external display device to the WIPS. In
`
`this manner, the WIPS device is a “personal server” for the user and provides local
`
`access for the user to server-based data.
`
`14. Claim 1 of the ‘511 patent, as amended during reexamination, is
`
`generally representative of most challenged claims:
`
`6
`
`0007
`
`

`
`
`
`1. A wireless intelligent personal network server, comprising:
`
`a radio frequency (RF) receiver for receiving downstream data
`
`transmitted over a first wireless communications channel;
`
`a memory;
`
`a central processing unit (CPU);
`
`a set of embedded machine language instructions within said personal
`
`network server, said set of embedded machine language
`
`instructions being executable by said CPU for processing said
`
`downstream data to provide at least one electronic file in said
`
`memory; and
`
`a first interface for allowing an application on an external display
`
`device to pick and open said at least one electronic file while said
`
`at least one electronic file remains resident on said personal
`
`network server;
`
`wherein said personal network server is hand-portable.
`
`15. Claim 1 of the ‘511 patent serves as the base independent claim for
`
`challenged dependent claims 2 through 10 and 19 through 22.
`16. Claim 58 of the ‘511 patent is identical to Claim 1 except that it requires
`
`a “radio frequency (RF) transceiver” rather than a “radio frequency (RF) receiver.”
`
`Claim 58 serves as the base independent claim for challenged dependent claims 59
`
`through 65 and 68 through 71.
`
`7
`
`0008
`
`

`
`
`
`17. The ‘511 patent describes a multi-component telecommunications
`
`system as illustrated by the following annotated version of Figure 1 of the ‘511
`
`patent:
`
`18. Each of the numbered red boxes represents a communication node
`
`within the multi-component telecommunications system of the ‘511 patent. The first
`
`box, labeled 1, includes the Enterprise IT System 12, Enterprise Database 16, and
`
`connected computers 14 (‘511 patent at 3:62-4:8). This component represents the
`
`source of the “downstream data” described in representative claim 1. One of skill in
`
`the art would understand the “downstream data” to originate from a computer and/or
`
`8
`
`0009
`
`

`
`
`
`service within the red box labeled 1. For instance, “downstream data” could originate
`
`from a database server, an enterprise IT system server, or a computer connected to
`
`the enterprise IT system network. Claim 2 of the ‘511 patent further supports this
`
`interpretation by stating that “downstream data reflects changes made to at least one
`
`source electronic file . . . .” (‘511 patent at claim 2). One of skill in the art would
`
`understand the “source electronic file” to originate from a computer and/or service
`
`within the red box labeled 1.
`
`19. The second communication node of the ‘511 patent telecommunication
`
`system is the WIPS 30, or wireless intelligent personal server, depicted in the red
`
`box labeled 2. This component represents the “wireless intelligent personal network
`
`server” of the ‘511 patent claims. The WIPS device stores file data received via
`
`downstream communications from a computer and/or service within the red box
`
`labeled 1 (‘511 patent at 4:44-48). This file data is then available for user access
`
`either via an external display device 32 or a wireless telephone 24 (‘511 patent at
`
`4:48-54).
`
`20. The third communication node of the ‘511 patent telecommunication
`
`system is the Display Device 32 depicted in the red box labeled 3. The display device
`
`“has a user interface for displaying the data stored in WIPS 30.” (‘511 patent at 4:55-
`
`56). The display device communicates with the WIPS either through a direct
`
`electrical connection or through a short-range RF communication such as Bluetooth
`
`or Infrared (‘511 patent at 5:8-24). Example display devices include a personal
`
`computer, gaming console, or personal digital assistant (PDA) (‘511 patent at 4:67-
`
`5:7).
`
`9
`
`0010
`
`

`
`
`
`B. Person of Ordinary Skill in the Art
`21. The ‘511 patent
`invention “relates
`
`to
`
`the field of wireless
`
`telecommunications” (‘511 patent at 1:7-8). The ‘511 patent invention uses wireless
`
`telecommunications in conjunction with a hand-portable server to provide a remote
`
`and/or disconnected user with access to their server-based file data.
`22.
`
`In my opinion, a person of ordinary skill in the art with regards to the
`
`‘511 patent should have an undergraduate degree in Electrical Engineering,
`
`Computer Engineering, or a comparable field of study. Such a person should also
`
`have at least 2 years of professional experience in the areas of portable computing
`
`and wireless telecommunications. I also believe a greater degree of professional
`
`experience could serve to compensate for a lesser degree of formal education though
`
`I do not believe that the converse is true.
`
`23.
`
`I was such a person or ordinary skill in the art on August 31, 2000.
`
`C. Claim Construction
`24.
`I am informed that a claim limitation is to be interpreted as one of
`
`ordinary skill in the art would understand the limitation in light of the claim language
`
`and specification as well as the prosecution history. I further am informed that the
`
`PTAB utilizes the broadest reasonable interpretation but that such an interpretation
`
`must not be unreasonable in view of the claim language, specification, and file
`
`history.
`
`10
`
`0011
`
`

`
`
`
`1. downstream data
`25. The term “downstream data” appears in the first limitation of claim 1
`
`of the ‘511 patent: “a radio frequency (RF) receiver for receiving downstream data
`
`transmitted over a first wireless communications channel.” (‘511 patent at claim 1).
`
`It also appears in the first limitation of claim 58 of the ‘511 patent. The term
`
`“downstream data” is thus implicated by every challenged claim of the ‘511 patent.
`
`One of skill in the art would generally understand “downstream” to characterize the
`
`flow of data from a server toward a client, or end user, within a client/server system.
`26.
`
`In my opinion, the broadest reasonable interpretation of “downstream
`
`data” based on how one of skill in the art would understand that term in light of the
`
`claims, specification, and prosecution history is “data transmitted from a source
`
`server to the personal network server.”
`
`27. The specification describes the flow of downstream data with respect
`
`to Figure 1 of the ‘511 Patent:
`
`The RF receiver receives downstream data transmitted over a
`
`downstream wireless communications channel. (‘511 patent at
`
`Abstract)
`
`
`
`First wireless network 20 is able to transmit data, at least intermittently,
`
`over one or more downstream wireless channels to wireless receivers
`
`operating within its wireless coverage area. (‘511 patent at 4:10-13)
`
`Thus, with reference to FIG. 1, wireless telephone 24 is able to transmit
`
`to wireless network 22 over an upstream channel 26 and is able to
`
`11
`
`0012
`
`

`
`
`
`receive from wireless network 22 using a downstream channel 27. (‘511
`
`patent at 4:29-33)
`
`
`
`By means of WIPS 30, the user is able to have access to the updated
`
`calendar in the following way. Enterprise IT 12 sends the information
`
`needed to update the calendar to wireless network management system
`
`29, which, in turn, transmits it to first wireless network 20 via
`
`intermediate network 28. First wireless network 20 then transmits the
`
`update information to WIPS 30 over downstream channel 34. WIPS 30
`
`receives the transmission and uses the information to update the
`
`calendar stored as an electronic file in its memory. (‘511 patent at 6:55-
`
`64)
`
`
`
`In particular, although latency may be associated with transmitting
`
`downstream data to the WIPS, because the downstream data is
`
`“pushed” to the WIPS, i.e., transmitted without the user having to ask
`
`for it, and because the WIPS automatically receives the downstream
`
`data and updates its memory accordingly, the up-to-date information,
`
`such as the user’s new e-mail messages and the current schedule, will
`
`be available on the WIPS on a nearly continual basis. (‘511 patent at
`
`12:61-13:2)
`
`28.
`
`In each of the above-described examples from the specification, the
`
`“downstream data” transmission is from the a source server (e.g., email or calendar
`
`12
`
`0013
`
`

`
`
`
`server in the Enterprise IT system) toward the user (e.g., WIPS device and display
`
`device).
`29.
`
`In contrast, references to “upstream” transmissions in the ‘511 patent
`
`specification indicate a direction of data flowing from the user (e.g., WIPS device
`
`and display device) toward a source server (e.g., email or calendar server in the
`
`Enterprise IT system):
`
`The wireless intelligent personal server may also transmit an upstream
`
`signal over an upstream wireless communication channel, such as by
`
`using a wireless telephone, in communication via the second interface.
`
`The upstream signal may acknowledge receipt of the downstream data,
`
`or it may include upstream data reflecting changes to the electronic files
`
`stored in the memory made by the display device. (‘511 patent at
`
`Abstract)
`
`
`
`WIPS 30 may also generate a stream of upstream data in order to have
`
`the change reflected in the corresponding electronic file in enterprise IT
`
`system 12. WIPS 30 causes wireless telephone 24 to transmit the
`
`upstream data over upstream channel 26 to second wireless network 22,
`
`which then passes the upstream data to wireless network management
`
`system 29, via intermediate network 28. Management system 29
`
`recognizes that a change is being requested, and, if the requested change
`
`is validated, management system 29 passes the upstream data to
`
`enterprise IT network 12. Enterprise IT network 12, in turn, uses the
`
`13
`
`0014
`
`

`
`
`
`upstream data to change its copy of the electronic file. (‘511 patent at
`
`7:23-34)
`30. Based on passages such as those reflected supra ¶¶ 27-29, one of skill
`
`in the art would understand “downstream” to reflect data flowing from the source
`
`server toward the user and “upstream” to reflect data flowing from the user toward
`
`the source server. This data flow is reflected in the following annotated version of
`
`Figure 1 from the ‘511 patent:
`
`31. The claims of the ‘511 patent also indicate that downstream is from the
`
`source server toward the user, while upstream is from the user toward the source
`
`14
`
`0015
`
`

`
`
`
`server. For instance, claim 2 states that “downstream data reflects changes made to
`
`at least one source electronic file.” (‘511 patent at claim 2). Similarly, claim 12 states
`
`that “upstream data reflect[s] changes to said at least one electronic file made by said
`
`external display device.” (‘511 patent at claim 12).
`
`32. A contemporaneous telecommunications dictionary, The Telecom and
`
`Networking Glossary, defines “downstream” as “the direction of transmission flow
`
`from the source towards the sink (destination/user).” (Ex. 2007 at 3). In the WIPS
`
`system, one of skill in the art would understand the enterprise IT system, or source
`
`server, to be the source of the transmission flow and the WIPS device is the sink, or
`
`destination, of the transmitted data. The downstream data is file data from a source
`
`server in the enterprise IT system that is destined for the WIPS device, or sink.
`
`2. personal network server
`33. The term “wireless intelligent personal network server” appears in the
`
`preamble of every claim challenged by Petitioners, and it provides the antecedent
`
`basis for “personal network server” within the body of the claims. The “wireless
`
`intelligent personal network server” is the second component of the multi-
`
`component telecommunications system of the ‘511 patent described earlier (supra ¶
`
`19).
`
`34.
`
`In my opinion, the broadest reasonable interpretation of “personal
`
`network server” based on how one of skill in the art would understand that term in
`
`light of the claims, specification, and prosecution history is “a device configured to
`
`15
`
`0016
`
`

`
`
`
`be interposed between a source server and an external display device that provides
`
`source server data locally to a user.”
`35. This proposed construction captures the orientation of the WIPS device
`
`within the communication system. Specifically, the WIPS device is configured to
`
`serve as an intermediate personal server interposed between a source server and an
`
`external display device. This perspective is supported by the specification as detailed
`
`earlier concerning each of the three nodes within the WIPS system. (Supra ¶¶ 17-
`
`20).
`
`36. This proposed construction also captures the personal nature of the
`
`“personal network server” by reciting that it “provides source server data locally to
`
`a user.”
`37. The ‘511 patent specification describes the personal nature of the
`
`“wireless intelligent personal network server”:
`
`For example, a user may use a first desktop PC as display device 32 to
`
`access the data stored in WIPS 30 at work, may use a PDA as a display
`
`device 32 to access the data stored in WIPS 30 while traveling, and may
`
`use a Sony “PlayStation 2” device as display device 32 while at home.
`
`(‘511 patent at 5:2-7)
`
`
`
`As described in more detail below, the user is then able to use display
`
`device 32 to access the data stored in WIPS. (‘511 patent at 5:46-48)
`
`For example, a user my use a desktop PC to access WIPS 30 while at
`
`work, a customer’s device to access WIPS 30 while visiting a customer,
`
`16
`
`0017
`
`

`
`
`
`and a PDA to access WIPS 30 while traveling. In this way, WIPS 30
`
`may serve as a convenient storage device so that a user’s important files
`
`are available wherever the user goes and are automatically and
`
`continually updated with new information wherever the user travels
`
`within the range of wireless network 20. (‘511 patent at 6:32-41)
`
`Such important data files may include the user’s calendar of
`
`appointments, inventory availability and current pricing, contacts, and
`
`incoming e-mail messages. (‘511 patent at 6:48-50)
`38. The construction also captures the “network server” aspect of the
`
`claimed “wireless intelligent personal network server.” Specifically, the device
`
`provides the user with local access to his server-based files. In this way, the WIPS
`
`device makes it appear as though the user had continuous access to the upstream
`
`server. The WIPS device performs as a “network server” for the user even when it
`
`is not connected to the enterprise IT system by providing the user with “local access”
`
`to his server-based data. The WIPS device provides such local access by maintaining
`
`up-to-date copies of the user’s server-based files. (‘511 patent at 1:8-12, 7:11-13)
`
`39. The ‘511 patent specification describes the network server nature of the
`
`“wireless intelligent personal network server.”
`
`Preferably, display device 32 accesses the memory in WIPS 30 as it
`
`would an external device, such as an external hard drive or a server on
`
`a local area network (LAN). (‘511 patent at 6:25-28)
`
`
`
`17
`
`0018
`
`

`
`
`
`This capability can be very important to a user who maintains important
`
`data files on enterprise IT system 12 at work but who also needs to
`
`access the information while the user is traveling. Such important data
`
`files may include the user’s calendar of appointments, inventory
`
`availability and current pricing, contacts, and incoming e-mail
`
`messages. (‘511 patent at 6:44-50)
`
`
`
`In this way, updates to important files on enterprise IT system 12 are
`
`automatically sent to WIPS 30, so that WIPS 30 will maintain up-to-
`
`date copies of these important files. The user then brings WIPS 30 into
`
`communication with display device 32 in order to access the electronic
`
`files stored in WIPS 30. (‘511 patent at 7:8-13)
`
`40. Petitioners propose to construe the term “network server” as “a
`
`computer that shares data and/or files with at least one other connected computer.”
`
`This proposed construction is unreasonably broad because it essentially includes any
`
`computer that communicates on a network.
`
`41. Petitioners’ proposed construction of “network server” effectively
`
`means that any computer that is participating in a network (e.g., sharing data and or
`
`files with another computer) is a server. Such a broad interpretation unreasonably
`
`ignores how one of skill in the art would understand a typical server/client
`
`orientation within a computer network. Petitioners’ very own definition of “server”
`
`from the Microsoft Computer Dictionary recognizes the difference between clients
`
`and servers. However, Petitioners’ construction eliminates such a distinction by
`
`18
`
`0019
`
`

`
`
`
`encompassing any computer that shares data and/or files with a connected computer.
`
`One of skill in the art would recognize that most “clients” send communications to
`
`servers. Further, one of skill in the art would understand such communications as
`
`data being shared with the server. As the Microsoft Computer Dictionary cited by
`
`Petitioners indicates, a server “responds to commands from a client.” (Ex. 1026 at
`
`5). Under Petitioners’ proposed construction, any client communicating with a
`
`server thereafter becomes a server itself. This is not how one of skill in the art
`
`understands client/server communications.
`42. The specification states that the WIPS device is not required to maintain
`
`constant connection with its upstream server providing source file data: “First
`
`wireless network 20 is able to transmit data, at least intermittently, over one or more
`
`downstream wireless channels to wireless receivers operating within its wireless
`
`coverage area.” (‘511 patent at 4:10-13).
`3. intelligent
`43. The term “intelligent” appears in every challenged claim.
`
`44.
`
`In my opinion, the broadest reasonable interpretation of “intelligent”
`
`based on how one of skill in the art would understand that term in light of the claims,
`
`specification, and prosecution history, is “configured to selectively provide data
`
`from the source server without a request from the user.”
`
`45. One of skill in the art would understand the “intelligent” aspect of the
`
`“wireless intelligent personal network server” to include the ability for the WIPS to
`
`maintain up-to-date copies of the user’s files without the user’s request.
`
`19
`
`0020
`
`

`
`
`
`46. The ‘511 patent specification describes that the WIPS automatically
`
`receives downstream data without a user’s request:
`
`In this way, WIPS 30 may serve as a convenient storage device so that
`
`a user’s important files are available wherever the user goes and are
`
`automatically and continually updated with new information wherever
`
`the user travels within the range of wireless network 20. (‘511 patent at
`
`6:36-41).
`
`
`
`First wireless network 20 is able to transmit data, at least intermittently,
`
`over one or more downstream wireless channels to wireless receivers
`
`operating within its wireless coverage area. (‘’511 patent at 4:10-13).
`47. The ‘511 patent specification also describes that the WIPS device
`
`selective updates the user’s local copy of server-based files when those files are
`
`changed on the server:
`
`In this way, the electronic files stored in WIPS 30 may be automatically
`
`updated to reflect changes in the corresponding electronic files of the
`
`enterprise IT system 12. This capability can be very important to a user
`
`who maintains important data files on enterprise IT system 12 at work
`
`but who also needs to access the information while the user is traveling.
`
`(‘511 patent at 6:42-50)
`48. The previously cited passages (supra ¶¶ 46-47) capture the intelligent
`
`nature of the WIPS device.
`
`20
`
`0021
`
`

`
`
`
`4. source electronic file
`49. The term “source electronic file” appears in claims 2 and 59 of the ‘511
`
`patent, each reciting “wherein said downstream data reflects changes made to at least
`
`one source electronic file.” (‘511 patent at claims 2 and 59).
`
`50.
`
`In my opinion, the broadest reasonable interpretation of “source
`
`electronic file” based on how one of skill in the art would understand that term in
`
`light of the claims, specification, and prosecution history is “a file stored on an
`
`upstream source server.”
`51. The ‘511 patent specification explains that the files generally stored on
`
`the WIPS device are copies of a file stored on a source computer. For instance, the
`
`Field of the Invention states: “More particularly, this invention relates to a wireless
`
`intelligent personal server that receives data transmitted over a wireless
`
`communications channel and automatically processes it to maintain a copy of at least
`
`one electronic file stored in a source computer.” (’511 patent at 1:8-12). One of skill
`
`in the art would understand the claimed “source electronic file” to be the
`
`corresponding file stored on a source computer.
`
`52. The claims and specification further indicate that the file data stored on
`
`the WIPS device (e.g., the copies of files stored on a source computer) is received
`
`through downstream data transmissions. These downstream data transmissions are
`
`from a source server (e.g., in the enterprise IT system):
`
`By means of WIPS 30, the user is able to have access to the updated
`
`calendar in the following way. Enterprise IT 12 sends the information
`
`needed to update the calendar to wireless network management system
`
`21
`
`0022
`
`

`
`
`
`29, which, in turn, transmits it to first wireless network 20 via
`
`intermediate network 28. First wireless network 20 then transmits the
`
`update information to WIPS 30 over downstream channel 34. WIPS 30
`
`receives the transmission and uses the information to update the
`
`calendar stored as an electronic file in its memory. (‘511 patent at 6:55-
`
`64)
`
`53. Because